Cortez, Jose Roman

• Court: Court of Criminal Appeals of Texas
• Decided: March 27, 2013
• Docket: WR-78,331-01
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. WR-78,331-01 EX PARTE JOSE ROMAN CORTEZ, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS

CAUSE NO. 08-1316-CR IN THE 25TH DISTRICT COURT

FROM GUADALUPE COUNTY

Per curiam.

O R D E R

Pursuant to the provisions of Article 11.07 of the Texas Code of Criminal Procedure, the clerk of the trial court transmitted to this Court this application for a writ of habeas corpus. Ex parte Young, 418 S.W.2d 824, 826 (Tex. Crim. App. 1967). Applicant was convicted of one count of aggravated sexual assault and two counts of sexual assault, and sentenced to thirty-five years' imprisonment on each count. The Fourth Court of Appeals rendered a judgment of acquittal for one of the sexual assault counts and affirmed the judgment of conviction for the other counts. Cortez v. State, No. 04-10-00129-CR (Tex. App.--San Antonio 2011, no pet.).

On October 24, 2012, this Court remanded this application to the trial court for findings of fact and conclusions of law. On December 19, the trial court made findings and conclusions. They, however, did not fully address the issues necessary to the resolution of Applicant's claims. Nonetheless, this Court has undertaken an independent review of all the evidence in the record. Therefore, based on the trial court's findings and conclusions as well as this Court's independent review of the entire record, we deny relief.

Filed: March 27, 2013

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